Moreover we have the highest reason to complain that since the late parliamentary regulations of the colonies, the jurisdiction of the court of admiralty has been extended to so enormous a length, as itself to threaten the very being of the constitution: By the statute 4th Geo. 3 chap. 15, "All forfeitures and penalties inflicted by this or any other act of parliament relating to the trade and plantations in America which shall be incur'd there, may be prosecuted, sued for and recovered in any court of admiralty in the said colonies." Thus a single judge, independent of the people, and in a civil law court, is to try these extraordinary forfeitures and penalties without a jury: Whereas the same stature provides, that all penalties and forfeitures which shall be incurred in Great Britain, shall be prosecuted, sued for and recovered in any of his Majesty's courts of record, in Westminster or in the court of exchequer in Scotland respectively. Here is the most unreasonble and unjust distinction, made between the subjects in Britain and America; as tho' it were designed to exclude us from the least share in that clause of Magna-Charta, which has for many centuries been the noblest bulwark of the English liberties, & which cannot be too often repeated; "No freeman shall be taken or imprison'd or disseiz'd of his freehold, or liberties, or free customs, or be outlaw'd, or exil'd, or any otherwise destroyed, nor will we pass upon him nor condemn him, but by the judgment of his peers or the law of the land."
These are some of the insupportable grievances which this province has long been laboring under, and which still remain altogether unredressed: For although they have been set forth in the clearest manner by humble petitions to the throne, yet such an ascendency over us have the officers of the crown here in the minds of administration, that our complaints are scarcely heard; our very petitions are deemed factious, and instead of obtaining any relief, our oppressions have been more aggravated, & we have reason to apprehend will be still increased.
For by the best intelligence from England, we are under strong apprehensions that by virtue of an act of parliament of the 7 Geo.3.2 which impowers his Majesty to appropriate a part of the revenue raised in America, for the support of civil government, and the administration of justice in such colonies where he shall judge it necessary, administration is determined to bestow large salaries upon the attorney-general, judges and governor of this province; whereby they will be made not only altogether independent of the people, but wholly dependent upon the ministry for their support. These appointments will be justly obnoxious to the other colonies, and tend to beget and keep up a perpetual discontent among them; for they will deem it unjust as well as unnecessary to be oblig'd to bear a part of the support of government in this province, and even in the courts of law; especially if designs are also meditating to make other important alterations in our Charter, by appointing the Council from home, &c. whereby the executive will be rendered absolute, and the legislative totally ineffectual to any valuable purpose. The assembly is in all reason sufficiently dependent already upon the Crown: The one branch annually for its being, as it is subject to the negative of the Governor; and both the branches for every grant and appropriation of their money, and also for their whole defence and security, as he is Captain-General, and has by Charter the sole military command within the province: All civil officers are either nominated and appointed by him with the advice and consent of his Majesty's Council, or if elected they are subject to his negative: And our laws, after being consented to by his Majesty's Governor, are by the first opportunity from the making thereof, to be transmitted to his Majesty for his approbation or disallowance: Three years they are subject to the revision of the crown lawyers in Britain, who my always be strangers to our internal polity, & sometimes disaffected to us: And at any time within the three years, His Majesty in his privy council may, if he thinks proper, reject them, and then they become utterly void. Surely the parliament of Great Britain cannot wish for greater checks, both upon the legislative and executive of a colony, unless we are to be considered as bastards and not Sons.—A step further will reduce us to absolute subjection. If administration is resolved to continue such measure of severity, the colonies will in time consider the mother-state as utterly regardless of their welfare: Repeated acts of unkindness on one side, may by degrees abate the warmth of affection on the other, and a total alienation may succeed to that happy union, harmony and confidence, which has subsisted, and we sincerely wish may always subsist: If Great Britain, instead of treating us as their fellow-subjects, shall aim at making us their vassals and slaves, the consequence will be, that although our merchants have receded from their non-importation agreement, yet the body of the people will vigorously endeavor to become independent of the mother-country for supplies, and sooner than she may be aware of it, will manufacture for themselves. The colonists, like healthy young sons, have been chearfully building up the parent state, and how far Great Britain will be affected, if they should be rendered even barely useless to her, is an object which we conceive is at this very juncture worth the attention of a British Parliament.
Your own acquaintance with this province, and your well known attachment to it, will lead you to exert all your powers in its defence: And as the Council have made choice of William Bollan, Esq; for their agent, you will no doubt confer with him, and concert such measures as will promote our common interest: Your abilities we greatly confide in; but if you shall think it for the advantage of the province to consult with and employ council learned in the law, the importance of your agency will be a motive sufficient for us to acquiesce in such expence on that account, as your own judgment shall dictate to you to be necessary.
Included are the proceedings of his Majesty's Council of this province, upon an affidavit of Mr. Secretary Oliver, which this House apprehend has a tendency to make a very undue impression on the minds of his Majesty's ministers and others, respecting the temper and disposition of the people, previous to the tragical transaction of the fifth of March last: You are therefore desired to make such use of them as shall prevent such unhappy consequences from taking effect.
1Attributed to Adams by Governor Hutchinson. Hutchinson to Pownall; Public Record Office, Domestic Geo. III., 11:25. Franklin's reply, addressed to the Speaker of the House of Representatives under date of December 24, 1770, is in J. Bigelow, Complete Works of Benjamin Franklin vol. iv., pp. 371-373. 2Chap. 46.
TO STEPHEN SAYRE.1
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON NOVr 16 1770